Fuels Security Act of 2005 - Amends the Clean Air Act to require that motor vehicle fuel contain a specified volume of renewable fuel.
Establishes a system of: (1) tradeable credits for motor vehicle fuel containing more renewable fuel than required; and (2) waivers for States and small refineries.
Amends the Energy Policy Act of 1992 to require Federal agency heads to ensure that ethanol-blended gasoline and biodiesel-blended diesel fuel is purchased for agency vehicles in areas where such fuel is available at competitive prices.
Amends the Clean Air Act to eliminate the oxygen content requirement for reformulated gasoline.
Requires the Administrator to: (1) establish standards for toxic air pollutants from the use of reformulated gasoline; and (2) within 30 days of enactment of this Act, determine the adequacy of any petition from a State Governor to exempt gasoline sold in the State from certain requirements for reformulated gasoline.
Permits States additional opt-in areas under the reformulated gasoline program.
Requires Federal enforcement of State fuels requirements.
Sets forth various data collection and reporting requirements.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1608 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1608
To amend the Clean Air Act to increase production and use of renewable
fuel and to increase the energy independence of the United States, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2005
Ms. Herseth (for herself, Mr. Osborne, Mr. Peterson of Minnesota, Mr.
King of Iowa, Mr. Berry, Mr. Pomeroy, Mr. Graves, Mr. Boswell, Ms.
McCollum of Minnesota, Mr. Skelton, Mr. Kennedy of Minnesota, Ms.
Kaptur, Mr. McHugh, Mr. Fortenberry, Mr. Moran of Kansas, Mr. Leach,
Mr. Ryun of Kansas, Mr. Strickland, Mr. Latham, Mr. LaHood, Ms. Carson,
Mr. Pence, Mr. Nussle, Mr. Terry, and Mr. Chandler) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act to increase production and use of renewable
fuel and to increase the energy independence of the United States, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fuels Security Act
of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GENERAL PROVISIONS
Sec. 101. Renewable content of motor vehicle fuel.
Sec. 102. Federal agency ethanol-blended gasoline and biodiesel
purchasing requirement.
Sec. 103. Data collection.
TITLE II--FEDERAL REFORMULATED FUELS
Sec. 201. Elimination of oxygen content requirement for reformulated
gasoline.
Sec. 202. Public health and environmental impacts of fuels and fuel
additives.
Sec. 203. Analyses of motor vehicle fuel changes.
Sec. 204. Additional opt-in areas under reformulated gasoline program.
Sec. 205. Federal enforcement of State fuels requirements.
Sec. 206. Fuel system requirements harmonization study.
Sec. 207. Review of Federal procurement initiatives relating to use of
recycled products and fleet and
transportation efficiency.
TITLE I--GENERAL PROVISIONS
SEC. 101. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL.
(a) In General.--Section 211 of the Clean Air Act (42 U.S.C. 7545)
is amended--
(1) by redesignating subsection (o) as subsection (q); and
(2) by inserting after subsection (n) the following:
``(o) Renewable Fuel Program.--
``(1) Definitions.--In this subsection:
``(A) Ethanol.--
``(i) Cellulosic biomass ethanol.--The term
`cellulosic biomass ethanol' means ethanol
derived from any lignocellulosic or
hemicellulosic matter that is available on a
renewable or recurring basis, including--
``(I) dedicated energy crops and
trees;
``(II) wood and wood residues;
``(III) plants;
``(IV) grasses;
``(V) agricultural residues; and
``(VI) fibers.
``(ii) Waste derived ethanol.--The term
`waste derived ethanol' means ethanol derived
from--
``(I) animal wastes, including
poultry fats and poultry wastes, and
other waste materials; or
``(II) municipal solid waste.
``(B) Renewable fuel.--
``(i) In general.--The term `renewable
fuel' means motor vehicle fuel that--
``(I)(aa) is produced from grain,
starch, oilseeds, or other biomass; or
``(bb) is natural gas produced from
a biogas source, including a landfill,
sewage waste treatment plant, feedlot,
or other place where decaying organic
material is found; and
``(II) is used to replace or reduce
the quantity of fossil fuel present in
a fuel mixture used to operate a motor
vehicle.
``(ii) Inclusion.--The term `renewable
fuel' includes--
``(I) cellulosic biomass ethanol;
``(II) waste derived ethanol;
``(III) biodiesel (as defined in
section 312(f) of the Energy Policy Act
of 1992 (42 U.S.C. 13220(f)); and
``(IV) any blending components
derived from renewable fuel, except
that only the renewable fuel portion of
any such blending component shall be
considered part of the applicable
volume under the renewable fuel program
established by this subsection.
``(C) Small refinery.--The term `small refinery'
means a refinery for which average aggregate daily
crude oil throughput for the calendar year (as
determined by dividing the aggregate throughput for the
calendar year by the number of days in the calendar
year) does not exceed 75,000 barrels.
``(2) Renewable fuel program.--
``(A) In general.--
``(i) Regulations.--Not later than 1 year
after the date of enactment of this subsection,
the Administrator shall promulgate regulations
ensuring that motor vehicle fuel sold or
dispensed to consumers in the contiguous United
States, on an annual average basis, contains
the applicable volume of renewable fuel
specified in subparagraph (B).
``(ii) Compliance.--Regardless of the date
of promulgation, the regulations shall contain
compliance provisions for refiners, blenders,
and importers, as appropriate, to ensure that
the requirements of this subsection are met,
but shall not restrict where renewable fuel can
be used, or impose any per-gallon obligation
for the use of renewable fuel.
``(iii) No regulations.--If the
Administrator does not promulgate the
regulations, the applicable percentage
referred to in paragraph (3), on a volume percentage of gasoline basis,
shall be 3.2 in 2006.
``(B) Applicable volume.--
``(i) Calendar years 2006 through 2012.--
For the purpose of subparagraph (A), the
applicable volume for any of calendar years
2006 through 2012 shall be determined in
accordance with the following table:
``Applicable volume of renewable fuel
Calendar year: (In billions of gallons)
2006....................................... 4.0
2007....................................... 4.7
2008....................................... 5.4
2009....................................... 6.1
2010....................................... 6.8
2011....................................... 7.4
2012....................................... 8.0
``(ii) Calendar years 2013 and
thereafter.--For the purpose of subparagraph
(A), the applicable volume for calendar year
2013 and each calendar year thereafter shall be
determined by the Administrator, in
coordination with the Secretary of Energy and
the Secretary of Agriculture, based on a review
of the implementation of the program during
calendar years 2006 through 2012, including a
review of--
``(I) the impact of the use of
renewable fuels on the environment, air
quality, energy security, job creation,
and rural economic development; and
``(II) the expected annual rate of
future production of renewable fuels,
including cellulosic ethanol.
``(iii) Limitation.--An increase in the
applicable volume for a calendar year under
clause (ii) shall be not less than the product
obtained by multiplying--
``(I) the number of gallons of
gasoline that the Administrator
estimates will be sold or introduced
into commerce during the calendar year;
and
``(II) the quotient obtained by
dividing--
``(aa) 8,000,000,000; by
``(bb) the number of
gallons of gasoline sold or
introduced into commerce during
calendar year 2012.
``(3) Applicable percentages.--
``(A) Provision of estimate of volumes of gasoline
sales.--Not later than October 31 of each of calendar
years 2006 through 2011, the Administrator of the
Energy Information Administration shall provide to the
Administrator of the Environmental Protection Agency an
estimate of the volumes of gasoline that will be sold
or introduced into commerce in the United States during
the following calendar year.
``(B) Determination of applicable percentages.--
``(i) In general.--Not later than November
30 of each of calendar years 2006 through 2011,
based on the estimate provided under
subparagraph (A), the Administrator shall
determine and publish in the Federal Register,
with respect to the following calendar year,
the renewable fuel obligation that ensures that
the requirements under paragraph (2) are met.
``(ii) Required elements.--The renewable
fuel obligation determined for a calendar year
under clause (i) shall--
``(I) be applicable to refiners,
blenders, and importers, as
appropriate;
``(II) be expressed in terms of a
volume percentage of gasoline sold or
introduced into commerce; and
``(III) subject to subparagraph
(C)(i), consist of a single applicable
percentage that applies to all
categories of persons specified in
subclause (I).
``(C) Adjustments.--In determining the applicable
percentage for a calendar year, the Administrator shall
make adjustments--
``(i) to prevent the imposition of
redundant obligations to any person specified
in subparagraph (B)(ii)(I); and
``(ii) to account for the use of renewable
fuel during the previous calendar year by small
refineries that are exempt under paragraph
(11).
``(4) Equivalency.--For the purpose of paragraph (2), 1
gallon of either cellulosic biomass ethanol or waste derived
ethanol shall be considered to be the equivalent of 2.5 gallons
of renewable fuel.
``(5) Credit program.--
``(A) Regulations.--The regulations promulgated to
carry out this subsection shall provide for--
``(i) the generation of an appropriate
amount of credits by any person that refines,
blends, or imports gasoline that contains a
quantity of renewable fuel that is greater than
the quantity required under paragraph (2);
``(ii) the generation of an appropriate
amount of credits for biodiesel fuel; and
``(iii) if a small refinery notifies the
Administrator that the small refinery waives
the exemption provided by this subsection, the
generation of credits by the small refinery
beginning in the year following the
notification.
``(B) Use of credits.--A person that generates
credits under subparagraph (A) may use the credits, or
transfer all or a portion of the credits to another
person, for the purpose of complying with paragraph
(2).
``(C) Life of credits.--A credit generated under
this paragraph shall be valid to demonstrate compliance
for the calendar year in which the credit was generated.
``(D) Inability to purchase sufficient credits.--
The regulations promulgated to carry out this
subsection shall include provisions permitting any
person that is unable to generate or purchase
sufficient credits to meet the requirement under
paragraph (2) to carry forward a renewables deficit if,
for the calendar year following the year in which the
renewables deficit is created--
``(i) the person achieves compliance with
the renewables requirement under paragraph (2);
and
``(ii) generates or purchases additional
renewables credits to offset the renewables
deficit of the preceding year.
``(6) Seasonal variations in renewable fuel use.--
``(A) Study.--For each of calendar years 2006
through 2012, the Administrator of the Energy
Information Administration shall conduct a study of
renewable fuels blending to determine whether there are
excessive seasonal variations in the use of renewable
fuels.
``(B) Regulation of excessive seasonal
variations.--If, for any calendar year, the
Administrator of the Energy Information Administration,
based on the study under subparagraph (A), makes the
determinations specified in subparagraph (C), the
Administrator shall promulgate regulations to ensure
that 35 percent or more of the quantity of renewable
fuels necessary to meet the requirements under
paragraph (2) is used during each of the periods
specified in subparagraph (D) of each subsequent
calendar year.
``(C) Determinations.--The determinations referred
to in subparagraph (B) are that--
``(i) less than 35 percent of the quantity
of renewable fuels necessary to meet the
requirements under paragraph (2) has been used
during 1 of the periods specified in
subparagraph (D) of the calendar year;
``(ii) a pattern of excessive seasonal
variation described in clause (i) will continue
in subsequent calendar years; and
``(iii) promulgating regulations or other
requirements to impose a 35 percent or more
seasonal use of renewable fuels will not
prevent or interfere with the attainment of
national ambient air quality standards or
significantly increase the price of motor fuels
to the consumer.
``(D) Periods.--The 2 periods referred to in this
paragraph are--
``(i) April through September; and
``(ii) January through March and October
through December.
``(E) Exclusions.--Renewable fuels blended or
consumed in 2006 in a State that has received a waiver
under section 209(b) shall not be included in the study
under subparagraph (A).
``(7) Waivers.--
``(A) In general.--The Administrator, in
consultation with the Secretary of Agriculture and the
Secretary of Energy, may waive the requirements under
paragraph (2), in whole or in part, on a petition by 1
or more States by reducing the national quantity of
renewable fuel required under this subsection--
``(i) based on a determination by the
Administrator, after public notice and
opportunity for comment, that implementation of
the requirement would severely harm the economy
or environment of a State, a region, or the
United States; or
``(ii) based on a determination by the
Administrator, after public notice and
opportunity for comment, that there is an
inadequate domestic supply to meet the
requirement.
``(B) Petitions for waivers.--Not later than 90
days after the date on which a petition is received by
the Administrator under subparagraph (A), the
Administrator, in consultation with the Secretary of
Agriculture and the Secretary of Energy, shall approve
or disapprove the petition.
``(C) Termination of waivers.--A waiver granted
under subparagraph (A) shall terminate on the date that
is 1 year after the date on which the waiver was
granted, but may be renewed by the Administrator, after
consultation with the Secretary of Agriculture and the
Secretary of Energy.
``(8) Small refineries.--
``(A) In general.--Paragraph (2) shall not apply to
small refineries until the first calendar year
beginning more than 5 years after the first year set
forth in the table in paragraph (2)(B)(i).
``(B) Study.--Not later than December 31, 2008, the
Secretary of Energy shall complete for the
Administrator a study to determine whether the
requirements under paragraph (2) would impose a
disproportionate economic hardship on small refineries.
``(C) Small refineries and economic hardship.--For
any small refinery that the Secretary of Energy
determines would experience a disproportionate economic
hardship, the Administrator shall extend the small
refinery exemption for the small refinery for not less
than 2 additional years.
``(D) Economic hardship.--
``(i) Extension of exemption.--A small
refinery may at any time petition the
Administrator for an extension of the exemption
from the requirements under paragraph (2) for
the reason of disproportionate economic
hardship.
``(ii) Evaluation.--In evaluating a
hardship petition, the Administrator, in
consultation with the Secretary of Energy,
shall consider the findings of the study in
addition to other economic factors.
``(iii) Deadline for action on petitions.--
The Administrator shall act on any petition
submitted by a small refinery for a hardship
exemption not later than 90 days after the
receipt of the petition.
``(E) Credit program.--Paragraph (6)(A)(iii) shall
apply to each small refinery that waives an exemption
under this paragraph.
``(F) Opt-in for small refiners.--A small refinery
shall be subject to paragraph (2) if the small refinery
notifies the Administrator that the small refinery
waives the exemption under subparagraph (C).''.
(b) Penalties and Enforcement.--Section 211(d) of the Clean Air Act
(42 U.S.C. 7545(d)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``or (n)''
and inserting ``(n), or (o)'' each place it appears;
and
(B) in the second sentence, by striking ``or (m)''
and inserting ``(m), or (o)''; and
(2) in the first sentence of paragraph (2), by striking
``and (n)'' and inserting ``(n), and (o)'' each place it
appears.
SEC. 102. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND BIODIESEL
PURCHASING REQUIREMENT.
Title III of the Energy Policy Act of 1992 is amended by striking
section 306 (42 U.S.C. 13215) and inserting the following:
``SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND BIODIESEL
PURCHASING REQUIREMENT.
``(a) Ethanol-Blended Gasoline.--The head of each Federal agency
shall ensure that, in areas in which ethanol-blended gasoline is
reasonably available at a generally competitive price, the Federal
agency purchases ethanol-blended gasoline containing at least 10
percent ethanol rather than nonethanol-blended gasoline, for use in
vehicles used by the agency that use gasoline.
``(b) Biodiesel.--
``(1) Definition of biodiesel.--In this subsection, the
term `biodiesel' has the meaning given the term in section
312(f).
``(2) Requirement.--The head of each Federal agency shall
ensure that the Federal agency purchases, for use in fueling
fleet vehicles that use diesel fuel used by the Federal agency
at the location at which fleet vehicles of the Federal agency
are centrally fueled, in areas in which the biodiesel-blended
diesel fuel described in subparagraphs (A) and (B) is available
at a generally competitive price--
``(A) as of the date that is 5 years after the date
of enactment of this paragraph, biodiesel-blended
diesel fuel that contains at least 2 percent biodiesel,
rather than nonbiodiesel-blended diesel fuel; and
``(B) as of the date that is 10 years after the
date of enactment of this paragraph, biodiesel-blended
diesel fuel that contains at least 20 percent
biodiesel, rather than nonbiodiesel-blended diesel
fuel.
``(3) Requirement of federal law.--The provisions of this
subsection shall not be considered a requirement of Federal law
for the purposes of section 312.
``(c) Exemption.--This section does not apply to fuel used in
vehicles excluded from the definition of `fleet' by subparagraphs (A)
through (H) of section 301(9).''.
SEC. 103. DATA COLLECTION.
Section 205 of the Department of Energy Organization Act (42 U.S.C.
7135) is amended by adding at the end the following:
``(m)(1) In order to improve the ability to evaluate the
effectiveness of the renewable fuels mandate of the United States, the
Administrator shall conduct and publish the results of a survey of
renewable fuels demand in the motor vehicle fuels market in the United
States monthly, and in a manner designed to protect the confidentiality
of individual responses.
``(2) In conducting the survey, the Administrator shall collect
information both on a national and regional basis, including--
``(A) information on--
``(i) the quantity of renewable fuels produced;
``(ii) the quantity of renewable fuels blended;
``(iii) the quantity of renewable fuels imported;
and
``(iv) the quantity of renewable fuels demanded;
and
``(B) market price data.''.
TITLE II--FEDERAL REFORMULATED FUELS
SEC. 201. ELIMINATION OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED
GASOLINE.
(a) Elimination.--
(1) In general.--Section 211(k) of the Clean Air Act (42
U.S.C. 7545(k)) is amended--
(A) in paragraph (2)--
(i) in the second sentence of subparagraph
(A), by striking ``(including the oxygen
content requirement contained in subparagraph
(B))'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraphs (C)
and (D) as subparagraphs (B) and (C),
respectively;
(B) in paragraph (3)(A), by striking clause (v);
and
(C) in paragraph (7)--
(i) in subparagraph (A)--
(I) by striking clause (i); and
(II) by redesignating clauses (ii)
and (iii) as clauses (i) and (ii),
respectively; and
(ii) in subparagraph (C)--
(I) by striking clause (ii); and
(II) by redesignating clause (iii)
as clause (ii).
(2) Effective date.--The amendments made by paragraph (1)
take effect on the date that is 1 year after the date of
enactment of this Act, except that the amendments shall take
effect upon that date of enactment in any State that has
received a waiver under section 209(b) of the Clean Air Act (42
U.S.C. 7543(b)).
(b) Maintenance of Toxic Air Pollutant Emission Reductions.--
Section 211(k)(1) of the Clean Air Act (42 U.S.C. 7545(k)(1)) is
amended--
(1) by striking ``Within 1 year after the enactment of the
Clean Air Act Amendments of 1990,'' and inserting the
following:
``(A) In general.--Not later than November 15,
1991,''; and
(2) by adding at the end the following:
``(B) Maintenance of toxic air pollutant emissions
reductions from reformulated gasoline.--
``(i) Definition of padd.--In this
subparagraph, the term `PADD' means a Petroleum
Administration for Defense District.
``(ii) Regulations regarding emissions of
toxic air pollutants.--Not later than 270 days
after the date of enactment of this
subparagraph, the Administrator shall
establish, for each refinery or importer,
standards for toxic air pollutants from use of
the reformulated gasoline produced or
distributed by the refinery or importer that
maintain the reduction of the average annual
aggregate emissions of toxic air pollutants for
reformulated gasoline produced or distributed
by the refinery or importer during calendar
years 2001 and 2002, determined on the basis of
data collected by the Administrator with
respect to the refinery or importer.
``(iii) Standards applicable to specific
refineries or importers.--
``(I) Applicability of standards.--
For any calendar year, the standards
applicable to a refinery or importer
under clause (ii) shall apply to the
quantity of gasoline produced or
distributed by the refinery or importer
in the calendar year only to the extent
that the quantity is less than or equal
to the average annual quantity of
reformulated gasoline produced or
distributed by the refinery or importer
during calendar years 2001 and 2002.
``(II) Applicability of other
standards.--For any calendar year, the
quantity of gasoline produced or
distributed by a refinery or importer
that is in excess of the quantity
subject to subclause (I) shall be
subject to standards for toxic air
pollutants promulgated under
subparagraph (A) and paragraph (3)(B).
``(iv) Credit program.--The Administrator
shall provide for the granting and use of
credits for emissions of toxic air pollutants
in the same manner as provided in paragraph
(7).
``(v) Regional protection of toxics
reduction baselines.--
``(I) In general.--Not later than
60 days after the date of enactment of
this subparagraph, and not later than
April 1 of each calendar year that
begins after that date of enactment,
the Administrator shall publish in the
Federal Register a report that
specifies, with respect to the previous
calendar year--
``(aa) the quantity of
reformulated gasoline produced
that is in excess of the
average annual quantity of
reformulated gasoline produced
in 2001 and 2002; and
``(bb) the reduction of the
average annual aggregate
emissions of toxic air
pollutants in each PADD, based
on retail survey data or data
from other appropriate sources.
``(II) Effect of failure to
maintain aggregate toxics reductions.--
If, in any calendar year, the reduction
of the average annual aggregate
emissions of toxic air pollutants in a
PADD fails to meet or exceed the
reduction of the average annual
aggregate emissions of toxic air
pollutants in the PADD in calendar
years 2001 and 2002, the Administrator,
not later than 90 days after the date
of publication of the report for the
calendar year under subclause (I),
shall--
``(aa) identify, to the
maximum extent practicable, the
reasons for the failure,
including the sources, volumes,
and characteristics of
reformulated gasoline that
contributed to the failure; and
``(bb) promulgate revisions
to the regulations promulgated
under clause (ii), to take
effect not earlier than 180
days but not later than 270
days after the date of promulgation, to provide that, notwithstanding
clause (iii)(II), all reformulated gasoline produced or distributed at
each refinery or importer shall meet the standards applicable under
clause (ii) not later than April 1 of the year following the report
under this subclause and for subsequent years.
``(vi) Regulations to control hazardous air
pollutants from motor vehicles and motor
vehicle fuels.--Not later than July 1, 2006,
the Administrator shall promulgate final
regulations to control hazardous air pollutants
from motor vehicles and motor vehicle fuels, as
provided for in section 80.1045 of title 40,
Code of Federal Regulations (as in effect on
the date of enactment of this subparagraph).''.
(c) Consolidation in Reformulated Gasoline Regulations.--Not later
than 180 days after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall revise the
reformulated gasoline regulations under subpart D of part 80 of title
40, Code of Federal Regulations (or any successor regulations), to
consolidate the regulations applicable to VOC-Control Regions 1 and 2
under section 80.41 of that title by eliminating the less stringent
requirements applicable to gasoline designated for VOC-Control Region 2
and instead applying the more stringent requirements applicable to
gasoline designated for VOC-Control Region 1.
(d) Authority of Administrator.--Nothing in this section affects or
prejudices any legal claim or action with respect to regulations
promulgated by the Administrator of the Environmental Protection Agency
before the date of enactment of this Act regarding--
(1) emissions of toxic air pollutants from motor vehicles;
or
(2) the adjustment of standards applicable to a specific
refinery or importer made under the prior regulations.
(e) Determination Regarding a State Petition.--Section 211(k) of
the Clean Air Act (42 U.S.C. 7545(k)) is amended by inserting after
paragraph (10) the following:
``(11) Determination regarding a state petition.--
``(A) In general.--Notwithstanding any other
provision of this section, not later than 30 days after
the date of enactment of this paragraph, the
Administrator shall determine the adequacy of any
petition received from a Governor of a State to exempt
gasoline sold in that State from the requirements under
paragraph (2)(B).
``(B) Approval.--If a determination under
subparagraph (A) is not made by the date that is 30
days after the date of enactment of this paragraph, the
petition shall be considered to be approved.''.
SEC. 202. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS OF FUELS AND FUEL
ADDITIVES.
Section 211(b) of the Clean Air Act (42 U.S.C. 7545(b)) is
amended--
(1) in paragraph (2)--
(A) by striking ``may also'' and inserting ``shall,
on a regular basis,''; and
(B) by striking subparagraph (A) and inserting the
following:
``(A) to conduct tests to determine potential
public health and environmental effects of the fuel or
additive (including carcinogenic, teratogenic, or
mutagenic effects); and''; and
(2) by adding at the end the following:
``(4) Study on certain fuel additives and blendstocks.--
``(A) In general.--Not later than 2 years after the
date of enactment of this paragraph, the Administrator
shall--
``(i) conduct a study on the effects on
public health, air quality, and water resources
of increased use of, and the feasibility of
using as substitutes for methyl tertiary butyl
ether in gasoline--
``(I) ethyl tertiary butyl ether;
``(II) tertiary amyl methyl ether;
``(III) di-isopropyl ether;
``(IV) tertiary butyl alcohol;
``(V) other ethers and heavy
alcohols, as determined by the
Administrator;
``(VI) ethanol;
``(VII) iso-octane; and
``(VIII) alkylates;
``(ii) conduct a study on the effects on
public health, air quality, and water resources
of the adjustment for ethanol-blended
reformulated gasoline to the VOC performance
requirements otherwise applicable under
sections 211(k)(1) and 211(k)(3); and
``(iii) submit to the Committee on
Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the
House of Representatives a report describing
the results of these studies.
``(B) Contracts for study.--In carrying out this
paragraph, the Administrator may enter into one or more
contracts with nongovernmental entities including but
not limited to National Energy Laboratories and
institutions of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001)).''.
SEC. 203. ANALYSES OF MOTOR VEHICLE FUEL CHANGES.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by
inserting after subsection (o) (as added by section 101(a)(2)) the
following:
``(p) Analyses of Motor Vehicle Fuel Changes and Emissions Model.--
``(1) Anti-backsliding analysis.--
``(A) Draft analysis.--Not later than 4 years after
the date of enactment of this subsection, the
Administrator shall publish for public comment a draft
analysis of the changes in emissions of air pollutants
and air quality due to the use of motor vehicle fuel
and fuel additives resulting from implementation of the
amendments made by the Fuels Security Act of 2005.
``(B) Final analysis.--After providing a reasonable
opportunity for comment, but not later than 5 years
after the date of enactment of this paragraph, the
Administrator shall publish the analysis in final form.
``(2) Emissions model.--For the purposes of this
subsection, as soon as the necessary data are available, the
Administrator shall develop and finalize an emissions model
that reasonably reflects the effects of gasoline
characteristics or components on emissions from vehicles in the
motor vehicle fleet during calendar year 2005.''.
SEC. 204. ADDITIONAL OPT-IN AREAS UNDER REFORMULATED GASOLINE PROGRAM.
Section 211(k)(6) of the Clean Air Act (42 U.S.C. 7545(k)(6)) is
amended--
(1) by striking ``(6) Opt-in areas.--(A) Upon'' and
inserting the following:
``(6) Opt-in areas.--
``(A) Classified areas.--
``(i) In general.--Upon'';
(2) in subparagraph (B), by striking ``(B) If'' and
inserting the following:
``(ii) Effect of insufficient domestic
capacity to produce reformulated gasoline.--
If'';
(3) in subparagraph (A)(ii) (as redesignated by paragraph
(2))--
(A) in the first sentence, by striking
``subparagraph (A)'' and inserting ``clause (i)''; and
(B) in the second sentence, by striking ``this
paragraph'' and inserting ``this subparagraph''; and
(4) by adding at the end the following:
``(B) Ozone transport region.--
``(i) Application of prohibition.--
``(I) In general.--In addition to
the provisions of subparagraph (A),
upon the application of the Governor of
a State in the ozone transport region
established by section 184(a), the
Administrator, not later than 180 days
after the date of receipt of the
application, shall apply the
prohibition specified in paragraph (5)
to any area in the State (other than an
area classified as a marginal,
moderate, serious, or severe ozone
nonattainment area under subpart 2 of
part D of title I) unless the
Administrator determines under clause
(iii) that there is insufficient
capacity to supply reformulated
gasoline.
``(II) Publication of
application.--As soon as practicable
after the date of receipt of an
application under subclause (I), the
Administrator shall publish the
application in the Federal Register.
``(ii) Period of applicability.--Under
clause (i), the prohibition specified in
paragraph (5) shall apply in a State--
``(I) commencing as soon as
practicable but not later than 2 years
after the date of approval by the
Administrator of the application of the
Governor of the State; and
``(II) ending not earlier than 4
years after the commencement date
determined under subclause (I).
``(iii) Extension of commencement date
based on insufficient capacity.--
``(I) In general.--If, after
receipt of an application from a
Governor of a State under clause (i),
the Administrator determines, on the
Administrator's own motion or on
petition of any person, after
consultation with the Secretary of
Energy, that there is insufficient
capacity to supply reformulated
gasoline, the Administrator, by
regulation--
``(aa) shall extend the
commencement date with respect
to the State under clause
(ii)(I) for not more than 1
year; and
``(bb) may renew the
extension under item (aa) for 2
additional periods, each of
which shall not exceed 1 year.
``(II) Deadline for action on
petitions.--The Administrator shall act
on any petition submitted under
subclause (I) not later than 180 days
after the date of receipt of the
petition.''.
SEC. 205. FEDERAL ENFORCEMENT OF STATE FUELS REQUIREMENTS.
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C))
is amended--
(1) by striking ``(C) A State'' and inserting the
following:
``(C) Authority of state to control fuels and fuel
additives for reasons of necessity.--
``(i) In general.--A State''; and
(2) by adding at the end the following:
``(ii) Enforcement by the administrator.--
In any case in which a State prescribes and
enforces a control or prohibition under clause
(i), the Administrator, at the request of the
State, shall enforce the control or prohibition as if the control or
prohibition had been adopted under the other provisions of this
section.''.
SEC. 206. FUEL SYSTEM REQUIREMENTS HARMONIZATION STUDY.
(a) Study.--
(1) In general.--The Administrator of the Environmental
Protection Agency and the Secretary of Energy shall jointly
conduct a study of Federal, State, and local requirements
concerning motor vehicle fuels, including--
(A) requirements relating to reformulated gasoline,
volatility (measured in Reid vapor pressure),
oxygenated fuel, and diesel fuel; and
(B) other requirements that vary from State to
State, region to region, or locality to locality.
(2) Required elements.--The study shall assess--
(A) the effect of the variety of requirements
described in paragraph (1) on the supply, quality, and
price of motor vehicle fuels available to the consumer;
(B) the effect of the requirements described in
paragraph (1) on achievement of--
(i) national, regional, and local air
quality standards and goals; and
(ii) related environmental and public
health protection standards and goals;
(C) the effect of Federal, State, and local motor
vehicle fuel regulations, including multiple motor
vehicle fuel requirements, on--
(i) domestic refineries;
(ii) the fuel distribution system; and
(iii) industry investment in new capacity;
(D) the effect of the requirements described in
paragraph (1) on emissions from vehicles, refineries,
and fuel handling facilities;
(E) the feasibility of developing national or
regional motor vehicle fuel slates for the 48
contiguous States that, while protecting and improving
air quality at the national, regional, and local
levels, could--
(i) enhance flexibility in the fuel
distribution infrastructure and improve fuel
fungibility;
(ii) reduce price volatility and costs to
consumers and producers;
(iii) provide increased liquidity to the
gasoline market; and
(iv) enhance fuel quality, consistency, and
supply; and
(F) the feasibility of providing incentives, and
the need for the development of national standards
necessary, to promote cleaner burning motor vehicle
fuel.
(b) Report.--
(1) In general.--Not later than June 1, 2006, the
Administrator of the Environmental Protection Agency and the
Secretary of Energy shall submit to Congress a report on the
results of the study conducted under subsection (a).
(2) Recommendations.--
(A) In general.--The report shall contain
recommendations for legislative and administrative
actions that may be taken--
(i) to improve air quality;
(ii) to reduce costs to consumers and
producers; and
(iii) to increase supply liquidity.
(B) Required considerations.--The recommendations
under subparagraph (A) shall take into account the need
to provide advance notice of required modifications to
refinery and fuel distribution systems in order to
ensure an adequate supply of motor vehicle fuel in all
States.
(3) Consultation.--In developing the report, the
Administrator of the Environmental Protection Agency and the
Secretary of Energy shall consult with--
(A) the Governors of the States;
(B) automobile manufacturers;
(C) motor vehicle fuel producers and distributors;
and
(D) the public.
SEC. 207. REVIEW OF FEDERAL PROCUREMENT INITIATIVES RELATING TO USE OF
RECYCLED PRODUCTS AND FLEET AND TRANSPORTATION
EFFICIENCY.
Not later than 180 days after the date of enactment of this Act,
the Administrator of General Services shall submit to Congress a report
that details efforts by each Federal agency to implement the
procurement policies specified in Executive Order No. 13101 (63 Fed.
Reg. 49643; relating to governmental use of recycled products) and
Executive Order No. 13149 (65 Fed. Reg. 24607; relating to Federal
fleet and transportation efficiency).
SEC. 208. REPORT ON RENEWABLE MOTOR FUEL.
Not later than January 1, 2007, the Secretary of Energy and the
Secretary of Agriculture shall jointly prepare and submit to Congress a
report containing recommendations for achieving, by January 1, 2025, at
least 25 percent renewable fuel content (calculated on an average
annual basis) for all gasoline sold or introduced into commerce in the
United States.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Air Quality.
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